Title 45
Towns and Cities

Chapter 53
Low and Moderate Income Housing

§ 45-53-5. Appeals to state housing appeals board — Judicial review. [Effective until January 1, 2023.]

(a) Whenever an application filed under the provisions of § 45-53-4 is denied, or is granted with conditions and requirements that make the building or operation of the housing infeasible, the applicant has the right to appeal to the state housing appeals board (“SHAB”) established by § 45-53-7, for a review of the application. The appeal shall be taken within twenty (20) days after the date of the notice of the decision by the local review board by filing with the appeals board a statement of the prior proceedings and the reasons upon which the appeal is based.

(b) The appeals board shall immediately notify the local review board of the filing of the petition for review. Municipalities shall submit the complete local review board record to the state housing appeals board within thirty (30) days of receiving notification from SHAB that an appeal has been filed.

(c) SHAB decisions shall be made within nine (9) months of the filing of the appeal, which time period may only be extended for good cause by an affirmative vote of the SHAB to so extend the time, if circumstances demand more time. Any extension beyond the nine-month (9) period shall be limited to the least extent reasonable and shall not cumulatively extend the decision period by more than an additional two (2) months. A stenographic record of the proceedings shall be kept and the appeals board shall render a written decision and order, based upon a majority vote of the members present at the proceeding; provided that, there is at least a minimum quorum of members of the appeals board present and voting at the proceeding, stating its findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days after the termination of the hearing, unless the time has been extended by mutual agreement between the appeals board and the applicant. The decision and order may be appealed in the superior court within twenty (20) days of the issuance of the decision. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the state housing appeals board and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.

(d) The court shall not substitute its judgment for that of the state housing appeals board as to the weight of the evidence on questions of fact. The court may affirm the decision of the state housing appeals board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:

(1) In violation of constitutional, statutory, or ordinance provisions;

(2) In excess of the authority granted to the state housing appeals board by statute or ordinance;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(e) Any appeal from the superior court to the supreme court pursuant to this section shall be by writ of certiorari.

§ 45-53-5. Appeals to state housing appeals board — Judicial review. [Effective January 1, 2023.]

(a) Whenever an application filed under the provisions of § 45-53-4 is denied, or is granted with conditions and requirements that make the building or operation of the housing infeasible, the applicant has the right to appeal to the state housing appeals board (“SHAB”) established by § 45-53-7, for a review of the application. The appeal shall be taken within twenty (20) days after the date of the notice of the decision by the local review board by filing with the appeals board a statement of the prior proceedings and the reasons upon which the appeal is based.

(b) The appeals board shall immediately notify the local review board of the filing of the petition for review. Municipalities shall submit the complete local review board record to the state housing appeals board within thirty (30) days of receiving notification from SHAB that an appeal has been filed.

(c) [As amended by P.L. 2022, ch. 208, § 3 and P.L. 2022, ch. 209, § 3.] The appeal shall be heard by the appeals board within twenty (20) days after the receipt of the applicant’s statement. Four (4) active members, which may include an alternate, are necessary to conduct a hearing on an appeal. A stenographic record of the proceedings shall be kept and the appeals board shall render a written decision and order, based upon a majority vote of members present and voting, stating its findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days after the termination of the hearing, unless the time has been extended by mutual agreement between the appeals board and the applicant. The decision and order may be appealed in the superior court within twenty (20) days of the issuance of the decision. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the state housing appeals board and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.

(c) [As amended by P.L. 2022, ch. 413, § 1 and P.L. 2022, ch. 414, § 1.] SHAB decisions shall be made within nine (9) months of the filing of the appeal, which time period may only be extended for good cause by an affirmative vote of the SHAB to so extend the time, if circumstances demand more time. Any extension beyond the nine-month (9) period shall be limited to the least extent reasonable and shall not cumulatively extend the decision period by more than an additional two (2) months. A stenographic record of the proceedings shall be kept and the appeals board shall render a written decision and order, based upon a majority vote of the members present at the proceeding; provided that, there is at least a minimum quorum of members of the appeals board present and voting at the proceeding, stating its findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30) days after the termination of the hearing, unless the time has been extended by mutual agreement between the appeals board and the applicant. The decision and order may be appealed in the superior court within twenty (20) days of the issuance of the decision. The review shall be conducted by the superior court without a jury. The court shall consider the record of the hearing before the state housing appeals board and, if it appears to the court that additional evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal to present that evidence in open court, which evidence, along with the report, constitutes the record upon which the determination of the court is made.

(d) The court shall not substitute its judgment for that of the state housing appeals board as to the weight of the evidence on questions of fact. The court may affirm the decision of the state housing appeals board or remand the case for further proceedings, or may reverse or modify the decision if substantial rights of the appellant have been prejudiced because of findings, inferences, conclusions, or decisions which are:

(1) In violation of constitutional, statutory, or ordinance provisions;

(2) In excess of the authority granted to the state housing appeals board by statute or ordinance;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the whole record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

(e) Any appeal from the superior court to the supreme court pursuant to this section shall be by writ of certiorari.